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Lobbyists who want abortion decriminalised have condemned the use of cut-and-paste party responses, saying it was “completely out of line” because abortion should be a matter of conscience for individual MPs.

brisbanetimes.com.au sought comment on the existing laws from all 89 MPs, following a decision by a Cairns jury last month to acquit a couple charged over the procurement of a miscarriage.

Community debate over the presence of abortion in the criminal code flared in the wake of the trial, with doctors calling for the law to be clarified and lobby groups putting their case to politicians.

Labor’s foot soldiers

I think for parties to respond with a party line and to try to inform their parliamentarians how to respond is completely out of line.

It is understood a group of Labor MPs who support abortion law reform have been counting numbers within their party, with a view to putting forward a private member’s bill when they secure enough backers.

They believe they have majority support from within the Labor party for liberalising abortion laws, but hope to win support from more progressive members of the LNP.

Premier Anna Bligh, who believes abortion should not be treated as a criminal matter, has claimed not enough politicians support decriminalisation to justify introducing a bill for debate.

Labor’s policy platform, reaffirmed at a state conference last year, calls for pregnancy terminations to be removed from the criminal code, which currently allows a woman to be jailed for up to seven years for procuring her own miscarriage.

However, a 1986 court ruling allows abortion when it is performed “for the preservation of the mother’s life” and when it is reasonable taking into account the “patient’s state at the time”.

This case law means abortion is generally permitted if it would prevent serious damage to the woman's mental or physical health. Thousands are carried out each year.

Labor MPs pushing for changes point to law reforms passed in Victoria in 2008 which decriminalised pregnancy terminations.

In Victoria, any pregnant woman can access abortion up to 24 weeks. Abortions after 24 weeks are also legal if two doctors agree the termination is necessary, considering the woman’s medical, physical, psychological and social circumstances.

LNP’s cut and paste

brisbanetimes.com.au last month gave all Queensland MPs a week to say whether they personally believed abortion should be removed from the state’s criminal code, the existing law should remain unchanged, or the laws should be tightened.

Most MPs from the major parties and some independents were unwilling to publicly state their views, with fewer than a third of all parliamentarians responding to the questions.

MPs who did participate expressed a variety of views, including one independent who can't have children voicing his anguish over the low number of kids put up for adoption.

However, the LNP responses were similar, with all but one echoing the party policy that the existing laws should remain unchanged.

Four LNP MPs – Peter Dowling (Redlands), Alex Douglas (Gaven), Andrew Powell (Glass House) and Steve Dickson (Buderim) – used virtually the same wording: “The LNP sees no reason and will not support any proposal to amend the existing law on this subject.”

Condamine MP Ray Hopper said: “I wish to acknowledge receipt of your email and advise that should you require a comment, please contact the Opposition Office at Parliament House.”

brisbanetimes.com.au understands that after the questions were sent out, MPs received a message from LNP staffers reminding them of their party’s position.

But an opposition spokesman denied claims that MPs were discouraged from expressing their personal position.

He said while the party’s policy was not to push for abortion law reform, MPs would be granted a free vote if a bill to liberalise the law was debated in State Parliament.

Kate Marsh, from the pro-choice group Children by Choice, said the public had a right to know the personal positions of their MPs.

Ms Marsh said she would be concerned if a party told its MPs how to respond to questions.

“I think it raises concerns – a conscience vote is a conscience vote,” she said.

“I think for parties to respond with a party line and to try to inform their parliamentarians how to respond is completely out of line.”

Where do MPs stand?

LNP MP Scott Emerson (Indooroopilly) and the party’s treasury spokesman, Tim Nicholls (Clayfield), said the current law should remain unchanged.

LNP police spokesman Vaughan Johnson (Gregory) said he thought abortion laws should be tightened, while Cleveland MP Mark Robinson said he believed the majority of Queenslanders did “not seem to be of the view that the abortion laws require change”.

Like the LNP, Labor has vowed to allow its MPs a conscience vote on any future bill to liberalise abortion laws.

Labor MPs who were prepared to place their views on the public record were split.

Mr Moorhead said the termination of a pregnancy should be a question for a woman and her treating physician.

“A vast majority of Queenslanders either think termination of pregnancy is legal or think it should not be a criminal offence,” he said.

“Unfortunately, the view of the Parliament does not necessarily reflect this public opinion.”

Those who wanted the current laws to remain unchanged were Labor MP Margaret Keech (Albert) and frontbenchers Tim Mulherin (Mackay) and Neil Roberts (Nudgee).

Carryn Sullivan (Pumicestone) said she would have to see the bill first, but was generally “supportive of reform”, while Peta-Kaye Croft (Broadwater) said the government’s position was these matters were best decided by a woman and her doctor.

Labor MP Grace Grace (Brisbane Central) said she was pro-choice but would wait to see wording of a bill to determine her position, and Carolyn Male (Pine Rivers) said abortion-related decisions were “best made by a woman, her partner and her doctor” in private.

Labor MP Mary-Anne O’Neill (Kallangur) said she fervently hoped no woman ever found herself in “the awful situation where she may require access to a medical termination”.

“However, should that happen, she needs counselling and assistance from many people – their priest, practitioner, partner or parent, not from police or politicians,” she said.

Personal anguish

The 89-seat Queensland Parliament includes five independents, plus Aidan McLindon (Beaudesert) who is the sole member of his new Queensland Party.

Both Mr McLindon and independent Rob Messenger (Burnett), who quit the LNP earlier this year, said they did not support changes to the state’s abortion laws.

“From a personal experience, my wife and I are unable to have children and are currently on the adoption list which is quite a lengthy process,” Mr McLindon said.

“Last year 19 children were available for adoption yet there were around 14,000 abortions. This situation is ridiculous.

“I believe the government needs to provide avenues for those mothers considering abortion to connection into the adoption agency so the mother can find comfort in the fact that there is an avenue for her child.”

Independent MP Liz Cunningham (Gladstone) said she stood for “the safety and protection of the unborn child”.

“My values and faith also enshrine the value of human life from conception,” she said.

“Currently the laws in Queensland theoretically prohibit abortion ‘on demand’, however if a doctor believes the pregnancy (and birth) will be detrimental to the mental, physical, psychological or emotional stability of the mother an abortion can proceed.

“That is an enormously flexible and accommodating condition. In this debate there is no consideration for the rights of the unborn child to reach their potential or even have a voice in this debate.”

Conservative views? Not necessarily

But fellow independent Dorothy Pratt, who represents the conservative Nanango electorate formerly held by Joh Bjelke-Petersen, revealed she may be prepared to support decriminalisation.

Mrs Pratt said abortion was a “very complex and very, very personal issue” and she would be guided by the views of her electorate.

She said a poll she conducted in her area in late 2007 uncovered 57 per cent support for legalising abortions and 58 per cent agreement with the statement: “It’s a woman’s body; therefore it’s her right to choose.”

If the issue arose in Parliament she would poll her constituents to see if their views were the same.

Attorney-General Cameron Dick (Greenslopes) said he believed the existing laws should remain in place, repeating Ms Bligh’s view that there was currently inadequate parliamentary support for decriminalisation.

“In fact, it’s quite possible that the laws could be amended in the Parliament to make these services less accessible – and that is the last thing we want to see happen,” he said.

Lobbyists on the march

“Pro-choice” and “pro-life” groups have been busy lobbying parliamentarians over the issue.

Cherish Life Queensland has been lobbying MPs and urging supporters to write to their elected representatives.

The organisation vehemently objects to decriminalisation, saying all life should be respected whether born or unborn.

Its policy position states: “We affirm and honour the truth that life begins at conception and is to be protected until its end, due to a natural cause.”

Cherish Life Queensland used its blog on Friday to declare it was “crunch time” in the abortion debate. The organisation said Labor was doing the numbers to liberalise the law.

Supporters were told to contact their MPs to say they did not support decriminalisation, and to raise fears such a move would lead to more abortions being carried out.

Cherish Life Queensland president Teresa Martin has previously said pregnant women who did not want to keep their child should be made aware they had other options such as adoption.

"We don't believe that abortion ever helps a situation, it does harm, it harms physically, mentally, spiritually and emotionally," she said last month.

Children By Choice, however, wants the abortion provisions to be removed from the criminal code.

Ms Marsh said her organisation had communicated with MPs “on a fairly regular basis” since Cairns woman Tegan Simone Leach, 21, and her boyfriend Sergie Brennan, 22, were charged last year over an abortion. They were acquitted last month after a three-day trial.

Ms Marsh said the group had sent each MP about 20 letters, but the response was generally poor. Meetings had been held with about a dozen parliamentarians.

She said it was disappointing MPs from across the political spectrum were reluctant to state their views.

“I think it’s largely an indicator of how afraid some MPs are about the backlash that the vocal anti-choice minority have predicted will follow if they support decriminalisation,” she said.

Ms Marsh said with 14,000 abortions conducted in Queensland each year, this was an issue that impacted on constituents across all electorates.

“There are a lot of people in these electorates who are affected by this issue every day personally and I think they have a right to know how their [parliamentarians] feel about it,” she said.